Under a special transitional measure in Spain’s regularization reform, minors and adult children with disabilities are given legal status alongside their parents, reducing the risk of separation and ensuring dependent children or adults are not left without legal residence status.
The Spanish government’s 2026 regularization scheme introduces a provision allowing both minors and dependent adults with disabilities to obtain residency alongside their parents or legal guardians.
This measure, which underscores the country’s shift to an inclusionary migration policy that emphasizes family unity and the protection of vulnerable groups, is outlined under a key legal clause in the First Transitional Provision (Disposición Transitoria Primera) and forms part of the broader reform enacted through Real Decreto 316/2026.
The provision recognizes disability as a form of dependency and includes not only minors, but also adult children "who have a disability that requires support or are not objectively capable of providing for their own needs due to their state of health."
Previously, parents or guardians could apply for and obtain residency while their children had to wait. Now, parents (including guardians or legal caregivers) applying for regularization can include dependent children as well as adult dependents with disabilities. In this scenario, applications are filed as a single family unit rather than on an individual basis.
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Additional provisions and exemptions
The First Transitional Provision establishes a clear procedural rule requiring parents to file their application for regularization program simultaneously or at the same time as their children, whether minors or adult dependents with disabilities. This ensures that families are processed together, avoiding situations where children or dependent adults remain in irregular status while their caregivers are regularized.
The First Transitional Provision also introduces exceptions for parents applying for regularization alongside their children:
- Waived requirement for parents to demonstrate sufficient financial means or adequate housing
- Minor or adult child must have lived in Spain uninterruptedly for the five months prior to the application.
- For children born in Spain the parents are exempt from the requirement to submit the application within six months of birth
- In most cases, no requirement to demonstrate two years of prior residence for the parents
Authorities are expected to issue a simultaneous decision for parent/s and their dependents.
Mandatory requirements
If applying for regularization through this pathway, applicants must still meet the core criteria of Spain’s regularization program, which include residence in the country before the established cutoff date and not having a criminal record.
For applicants with dependents, documentation must be provided to prove:
- Family relationship (birth certificates, guardianship documents)
- Disability or dependency status (medical reports, social service assessments)
- Residence in Spain
The reform significantly benefits vulnerable households by allowing families to be regularized together, reducing the risk of separation and ensuring dependent children or adults are not left without legal status. It also recognizes caregiving realities by removing strict income and residence requirements that often exclude parents of children with disabilities.
Spain also has provisions that explicitly recognize and support people with disabilities within its migration system through its Humanitarian Assistance Program. This program provides housing, healthcare, psychological support, and financial assistance to migrants in vulnerable situations, including those with physical or mental disabilities, serious illnesses, or dependency needs.
Reliable sources of information
The Spanish government does not require an application for regularization to be done with or by a lawyer. People seeking guidance on the States' new regularization program can consult the government and support organizations:
Spain’s central government ministry, responsible for immigration policy, social inclusion, and the management of residence and regularization programs.
A department within the Ministry of Social Inclusion that oversees migration procedures, including residence permits, regularization processes, and administrative criteria.
A nonprofit organization that provides legal assistance, integration support, and advocacy for asylum seekers, refugees, and migrants.